Partly allowed

Rajdeep @ Shippu v. State of U.P. and Another

Allahabad HC24 May 2023CRLA/2565/2023

Case brief

AI extract

What is this about?

The High Court partly allowed the criminal appeal. It held that the appellant belongs to a Scheduled Tribe (Gaund) community; thus, he cannot be summoned for offences under the S.C./S.T. Act. The summoning order was modified to trial only under IPC sections. The court further directed the trial court to dispose of the bail application expeditiously if filed within 20 days.

What did the court decide?

Impugned summoning order set aside regarding S.C./S.T. Act provisions; appellant summoned only for trial under Sections 323, 504, 506 IPC; bail application to be disposed expeditiously if filed within

Rajdeep @ Shippu Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:116157

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Court No. - 81

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Case :- CRIMINAL APPEAL No. - 2565 of 2023

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Appellant :- Rajdeep @ Shippu Respondent :- State of U.P. and Another Counsel for Appellant :- K.S. Tiwari,Vivek Tiwari Counsel for Respondent :- G.A.,Banshi Dhar Mishra

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Hon'ble Mohd. Faiz Alam Khan,J.

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In pursuance of the order of this Court dated 12.05.2023, a report of date 20.05.2023 has been furnished by the Tehsildar, Chunar pertaining to the caste certificate issued in favour of the appellant namely Rajdeep @ Shippu stating that the enclosed certificate has been issued in favour of the appellant by the Tehsildar Chunar, wherein the appellant has also been shown as belonging to a scheduled tribe community. The said report is taken on record.

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Heard Shri K.S. Tiwari, learned counsel for the appellant as well as learned A.G.A. for the State, Shri Banshi Dhar Mishra, learned counsel for the respondent no.2 and perused the record.

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The instant Criminal Appeal under Section 14-A(1) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been moved by the appellant, namely, Rajdeep @ Shippu with the prayer to allow the instant criminal appeal and set aside the order dated 22.07.2022 passed by Special Judge (S.C./S.T. Act), Mirzapur in Complaint Case No.33 of 2020 (Roopa Devi Vs. Ajay and others) summoning the appellant under Sections 323, 504, 506 I.P.C. and 3(1)(r), 3(1)(s) of the S.C./S.T. Act, Police Station Kachhwa, District Mirzapur and entire proceedings of the above mentioned case.

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Learned counsel for the appellant while drawing attention of this Court towards the summoning order dated 22.07.2022 vehemently submits that a complaint has been filed by the respondent no.2 concealing correct facts and without stating that one of the accused namely Rajdeep @ Shippu (appellant) also belongs to scheduled tribe community, therefore, provisions of Section S.C./S.T. Act may not be attracted against him.

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It is also submitted that this Court vide order dated 12.05.2023 has directed the State to verify the certificate issued in favour of the appellant of scheduled tribe community and the same has

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now been verified by the Tehsildar Chunar and thus provisions of S.C./S.T. Act may not be attracted against the appellant, thus the impugned order liable to be set aside.

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Learned counsel for the respondent no.2, however, supported the impugned order and submits that all the submissions, which have been raised on behalf of the appellant before this Court, may be submitted at an appropriate stage when charge would be framed against the appellant.

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Learned A.G.A. has also supported the impugned order.

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Having heard learned counsel for the parties and having perused the record, it is evident that on the basis of a complaint filed by the respondent no.2, after recording statement of the complainant and his witnesses under Sections 200 and 202 Cr.P.C., the special court has passed the impugned order of date 22.07.2022 summoning the accused persons to face trial for the offences under Sections 323, 504, 506 I.P.C. and 3(1)(da), 3(1) (dha) of the S.C./S.T. Act. This order was challenged by filing an appeal before this Court and this Court vide order dated 12.05.2023 had directed the State to verify the caste certificate issued in favour of the appellant of him belonging to scheduled tribe community as it has been argued before this Court that the appellant himself belongs to scheduled tribe community, therefore, the S.C./S.T. Act may not be attracted so far as the appellant is concerned. The Tehsildar Chunar has now submitted a report to the learned A.G.A., which has been taken on record, stating therein that the enclosed certificate issued in favour of the appellant has been issued by the Tehsildar, Chunar. In this certificate caste of the appellant is shown as scheduled tribe (Gaund). Thus it appears without any dispute the appellant also belongs to scheduled tribe community and thus the relevant penal provisions of the S.C./S.T. Act may not be attracted against him.

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Keeping in view all the facts and circumstances of the case the instant appeal preferred by the appellant - Rajdeep @ Shippu is partly allowed and the summoning of the instant appellant so far as it relates to the relevant provision of S.C./S.T. Act namely Section 3(1)(da), 3(1)(dha) of the S.C./S.T. Act is concerned the same is set aside and the order of the special court so far as the summoning of the appellant - Rajdeep @ Shippu is concerned is modified to the tune that now the appellant - Rajdeep @ Shippu stand summoned to face trial only under Sections 323, 504, 506 I.P.C. only.

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It is clarified that in case of any subsequent development with regard to the caste certificate issued in favour of the appellant,

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the special court shall be free to adopt a course available to him strictly in accordance with law.

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It is also clarified that summoning order has been modified only with regard to the instant appellant - Rajdeep @ Shippu.

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At this stage, learned counsel for the appellants submits that the appellant is intending to appear before the trial court in order to participate in the trial but having an apprehension that disposal of his bail application may take some time and in the meantime, he may be confined in prison, thus appropriate directions be given to the trial court with regard to the expeditious disposal of his bail application, which he is intending to move before the trial court, in view of the law laid down by Hon'ble Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773.

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Having regard to the request made by learned counsel for the appellant, it is provided that if the appellant appears/surrenders before the trial court within 20 days from today and move application for bail under Sections 437/439 Cr.P.C., the trial court shall dispose of the same after providing opportunity of hearing to the parties, strictly in accordance with law laid down by Hon'ble Supreme Court in Satender Kumar Antil (supra) with utmost expedition.

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Order Date :- 24.5.2023 Anupam S/-

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Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad

Rajdeep @ Shippu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rajdeep @ Shippu v. State of U.P. and Another

Case brief

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